PlainSpeak
01-13 03:12 PM
I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.
Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.
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VivekAhuja
09-29 02:07 PM
First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
lazycis
12-14 09:39 AM
The consitutional experts have already expressed their opinion on this.
http://immigrationvoice.org/forum/showpost.php?p=205587&postcount=17
There is no higher judicial authority in the US than the Supreme Court. There is a judicial precedent and that settles it. There is no need for more discussion.
http://immigrationvoice.org/forum/showpost.php?p=205587&postcount=17
There is no higher judicial authority in the US than the Supreme Court. There is a judicial precedent and that settles it. There is no need for more discussion.
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NolaIndian32
09-22 03:55 PM
Hi Samay,
I would like to maintain my current H1b status (2nd three-year extension period; I have the approval notice but the visa is not stamped in my passport). I would like to travel to India and return using the Advance Parole document with just my H1b extension approval notice (only first H1b is stamped in the passport).
1. Can I do this?
2. Will this change my status from H1b to AOS? When I return from my visit to India, I would like to continue working on my H1b with my current employer. I have not applied for the EAD.
Please advise.
Thanks so much!
I would like to maintain my current H1b status (2nd three-year extension period; I have the approval notice but the visa is not stamped in my passport). I would like to travel to India and return using the Advance Parole document with just my H1b extension approval notice (only first H1b is stamped in the passport).
1. Can I do this?
2. Will this change my status from H1b to AOS? When I return from my visit to India, I would like to continue working on my H1b with my current employer. I have not applied for the EAD.
Please advise.
Thanks so much!
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krishna.ahd
02-18 08:38 PM
When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
But that should not be the determining dominant parameter....
The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....
The projections of manpower deficit due to demographic shift are in millions......
If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....
America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
http://www.teamncpa.org/main/news.php?ItemsID=165
Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....
.
As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now
Is there anybody looking at this angle for increasing GC cap/upper limit ??
But that should not be the determining dominant parameter....
The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....
The projections of manpower deficit due to demographic shift are in millions......
If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....
America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
http://www.teamncpa.org/main/news.php?ItemsID=165
Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....
.
As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now
Is there anybody looking at this angle for increasing GC cap/upper limit ??
kondur_007
07-29 02:48 PM
Well, I think the scenario is different. It is somewhere inbetween those two thought processes:
1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.
2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.
If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.
I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).
For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.
1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.
2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.
If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.
I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).
For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.
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Rohan99
07-27 03:29 PM
Kishmunn .... you take the bull by the horns.
So now you say Amway gives you 1099-INT ? Didn't you earlier say they give a 1099-MISC ?
BTW, Amway cannot issue you a 1099-INT -- that is for bank interest. Look who do not know things (and still try to open mouth ) :rolleyes:
Bottomline -- you are NOT allowed to do ANY type of business on H1. If you think I am wrong , just share your name and address and I will be happy to send the info to CIS.
Your mouthfull of garbage does not change the law
So now you say Amway gives you 1099-INT ? Didn't you earlier say they give a 1099-MISC ?
BTW, Amway cannot issue you a 1099-INT -- that is for bank interest. Look who do not know things (and still try to open mouth ) :rolleyes:
Bottomline -- you are NOT allowed to do ANY type of business on H1. If you think I am wrong , just share your name and address and I will be happy to send the info to CIS.
Your mouthfull of garbage does not change the law
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msp1976
02-15 11:55 AM
hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.
Democratic Majority leader in senate has intruduced the bill S.9 and referred it to the Senate Judiciary commitee.... Immigration is a hot potato... Nobody want to pick it up directly...You are not gonna hear anyone speak about it loudly except the numbersUSA folks....That is the way it is...Wait a few weeks and the 'immigration bhangada(dance)' would start....
Democratic Majority leader in senate has intruduced the bill S.9 and referred it to the Senate Judiciary commitee.... Immigration is a hot potato... Nobody want to pick it up directly...You are not gonna hear anyone speak about it loudly except the numbersUSA folks....That is the way it is...Wait a few weeks and the 'immigration bhangada(dance)' would start....
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g1FTP
06-16 03:27 PM
I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
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vamsi_poondla
02-14 02:48 PM
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
This is not admin fix versus law suit. We should continue with admin campaign as we do not know the lawsuit outcome. Admin fix will give immediate relief for thousands of immigrants.
This is not admin fix versus law suit. We should continue with admin campaign as we do not know the lawsuit outcome. Admin fix will give immediate relief for thousands of immigrants.
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leoindiano
08-17 06:22 AM
read the comments here,
The Buzz Log - The Shah Rukh Khan incident - Yahoo! Buzz (http://buzz.yahoo.com/buzzlog/92914?fp=1)
you will see what damage mr. selef-centered dumbie did with his stupid comments.....
The Buzz Log - The Shah Rukh Khan incident - Yahoo! Buzz (http://buzz.yahoo.com/buzzlog/92914?fp=1)
you will see what damage mr. selef-centered dumbie did with his stupid comments.....
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yabadaba
07-04 08:57 AM
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
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hibworker
09-15 02:57 PM
Since EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.
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Googler
02-14 03:30 PM
Just wanted to chime in to say that filing a lawsuit will only aid any campaign for admin fixes. The NC changes were done administratively but anyone who tells me that the scathing rulings from the federal courts had nothing to do with current changes is living in denial -- the recent rulings essentially shredded the legal basis for the form of these NC checks and attendant delays.
There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.
Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.
There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.
Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.
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msp1976
02-12 08:54 PM
Without reform in the next few months.....dates for EB3 ROW would also start moving backwards....
The BECs would chew on the TR cases and throw out 100 K approvals in the next few months....That it .... Sayonara for the EB3 world current dates too.....
The BECs would chew on the TR cases and throw out 100 K approvals in the next few months....That it .... Sayonara for the EB3 world current dates too.....
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thakurrajiv
06-27 07:42 AM
I don't know how much to trust these sources. I am very nervous though.
I understand that the visa number is reduced once 485 is approved. But rememeber that in 2005 dates were current and thousands of applications got filed.Most of the applications were pre-adjusted and just need number to be assigned.So in July, there is possibility that many applications can get approved and they can get approved fast !!
I am in the same boat as everyone else. Just wanted to share my worries.
I understand that the visa number is reduced once 485 is approved. But rememeber that in 2005 dates were current and thousands of applications got filed.Most of the applications were pre-adjusted and just need number to be assigned.So in July, there is possibility that many applications can get approved and they can get approved fast !!
I am in the same boat as everyone else. Just wanted to share my worries.
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thomachan72
08-18 04:26 PM
I do not know why this issue is more important for people to discuss. Just because Mr Khan is asked to be a common man? He is not a world famous actor. He is a famous actor to a very very small minority Indian Community in USA. Why should USA give VIP treatment to any star actor from any country of the world? If he was an official ambassador/senior diplomat/Minister, it us understandable. He is simply coming to USA to make money. He will still come again to USA to make money even if he is strip searched again and questioned for more than 66 minutes. Indian government seems to have crossed the line by complaining. This VIP culture that is so prevalent in India needs to change.
If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.
As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.
Could not have said it better. Atleast we who have been fortunate to see "outside world" have to consider these actors/actresses as ordinary human beings. I would rather say that it is good that this guy was held up for 2 hours. He mentioned that he was taken into a room where several other asians were also present waiting for help. I really hope the guy realizes that not everybody in the world knows him. If on the other hand he had invested his money in creating a sharukh's village for the orphans or done some other huge charity work (not just for income tax evasion) I would have felt sad but even then not terrible as many feel now.
LESSON THAT WE LEARNT:: EVERYONE GETS TO BE EQUAL SOMEWHERE ALONG THE LINE....
Dont be too much awed by these artists. They rake in millions but give back VERY VERY LITTLE. So why would be even thinking about them more than the average business person????..
PS:- Dont misunderstand this as a statement arising out of jealosy or insecurity but it is JUST THE REALITY WHICH HOPEFULLY WE WILL ALL REALIZE ONE DAY.
If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.
As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.
Could not have said it better. Atleast we who have been fortunate to see "outside world" have to consider these actors/actresses as ordinary human beings. I would rather say that it is good that this guy was held up for 2 hours. He mentioned that he was taken into a room where several other asians were also present waiting for help. I really hope the guy realizes that not everybody in the world knows him. If on the other hand he had invested his money in creating a sharukh's village for the orphans or done some other huge charity work (not just for income tax evasion) I would have felt sad but even then not terrible as many feel now.
LESSON THAT WE LEARNT:: EVERYONE GETS TO BE EQUAL SOMEWHERE ALONG THE LINE....
Dont be too much awed by these artists. They rake in millions but give back VERY VERY LITTLE. So why would be even thinking about them more than the average business person????..
PS:- Dont misunderstand this as a statement arising out of jealosy or insecurity but it is JUST THE REALITY WHICH HOPEFULLY WE WILL ALL REALIZE ONE DAY.
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voldemar
03-27 10:06 PM
Can you please provide link for the memo.
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
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extra_mint
09-15 12:26 PM
Totally Agree with your assumptions, there are few more that can be added like
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
GCard_Dream
03-20 12:10 PM
Don't even bother. I have tried arguing the same thing over and over again yet some people never seem to get it and keep comparing Canada and US. The reason people are even talking about Canada is because there is almost no hope for GC in US and people keep on saying US is better. It is but what good will it do to you if you can't stay here and enjoy the so called better opportunity in US.
What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
Compare US and Canada only when both options are open for you.
I will repeat an analogy I had given earlier to describe Canada/USA compare.
Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !
What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
Compare US and Canada only when both options are open for you.
I will repeat an analogy I had given earlier to describe Canada/USA compare.
Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !
grupak
12-13 03:45 PM
Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.
I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.
BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.
For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.
I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.
I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.
BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.
For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.
I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.
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